NYC 9/11 Public Portal Document
06/03/1996 17:28 5227 PAGE 02
T•r on CostrictIon Inca
388 hind Avenue, Brookbz NY 11215
Tel: (718) 694-0900
Fax;(718) 694.0200
Email: [email protected]
November 2l, 2003
Mr. It. Radbtak ishe osa F.E., Director
NY City Dept of Environmental Protection
Asbestos Control Program
59-17Jsmc doo Blvd. Send via fez: 718 595-3648
Flashing, NY 11373
Re: HVAC Payment Dlcrgmucles
We are in receipt of your letter dated September 23,2003, in which you state that items billed
fur 1A payment applications 22.23 and 24 (Baseboard His and Through the Wall HVAC
stouts) are not reimbursable under the terms of to coOtract.
In your lette r,•you make reference to a section of the contract that states: The cleaning contractor
Is responsible for cleaning residences. commait space and portions of the HVAC systems
i d by the Monitoring Contractor.
Tearnmotl Construction Inc. (TCI) has no argument with that in ference or condition of the
contract. TCI agrees 100% that we we responsible under the terms of the contract the fo r
completion of work as identified in the "scope of work".
TCI disagrees wbb your determination but the cleaning of baseboard heaters in common spaces
is included our base contract work The Scope of Work A for Residential Spaces specifically
ides wider section 3.r. that: "Baseboard heaters will be cleaned. Protective covers on
fbuied radiant heat heaters and bmeboardhasters will be removed to eatpose heat elements. Films
are to be brmbaed and vacuwned to remove dust." The minaiman cleaning requirements for
co0210n spaces makes no mention of cleaning baseboard heaters. Although *a cleaning of
baseboard beaters is included In the cleaning of padntet)ts, It is not Included In the deauleg
of Common Spaees. TCI negotiated snit prances for cleaning of various HVAC components.
Including baseboard heaters. It is ICI's position that although we can be directed by the
monitoring contractor or EPA to clean baseboard heaters JA common spaces, tbeb Is outside the
bane scope of work and compensable under the separately negotiated unit prices.
TCI also disagrees with your detenouinati at *at the cleaning of Through the Wall HVAC Units
fm residences Is inoluded-isa Darr base contract work The Scope of Work A for Residential
Spam specifically Identifies warden' section 3A. that "In a ke/dIseharge registers of HVAC
systems (If present) will be removed/cleaned. The foot of dour wait will also be firms
vacuumed; than the registers will be reinstalled and covered with a layer of 6 all polyet yleae
Section 3.1. sondes: "Window and room trait' m4idoors be vacuumed, wet wiped will
reassembled and reinstalled after
sheeting."
and removed from their horsing .......Air conditioners will be
of
cleaning." There is so mention Through she Watll UVAC Unit included lathe Scope of
Work A, Chesaning of Rea tW Sprain's. Although EPA originally contended that these units
were not HVAC uamitsitasrety air conditioner, I changed their position so should lam'
thus
for cleaning of various HVAC
ey
not be part of this distussisau. TO negotiated wilt prices
compOnent5, Including Through the Wall HVAC Units. It Is TCI's position (bet we can be
directed by *a monitoring contractor or EPA to clean Through the Wall HYAC units in
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NYC-WTC 000135971
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